DAILY DIGEST

Vol. 16, No. 198                                           October 14,1997

Report No: 2233. Released: October 14, 1997. PETITIONS FOR RECONSIDERATION AND CLARIFICATION OF ACTION IN RULEMAKING PROCEEDINGS.

Released: October 14, 1997. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG, NON-DOMINANT CARRIERS, 10/10/97. Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/Non-Dominant/nd101097.pdf

Report No: CS 97-26. Released: October 14, 1997. CABLE SERVICES BUREAU PREEMPTS RESTRICTIONS ON THE USE OF OVER-THE-AIR-RECEPTION DEVICES IMPOSED BY THREE HOMEOWNER ASSOCIATIONS.Preempted restrictions imposed by three homeowner associations on the installation and use of satellite dishes, television antennas and wireless cable antennas from San Antonio, TX; Potomac, MD; and McCormick, SC. by Orders (DA 97-2187, 97-2188, 97-2189). Contact: Nancy Markowitz or Eloise Gore at (202) 418-7200. News Media Contact: Morgan Broman (202) 418-2358. Action by: Chief, Cable Services Bureau.

Report No: 44096. Released: October 14, 1997. BROADCAST ACTIONS. Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/ac971014.txt

Report No: 24096. Released: October 14, 1997. BROADCAST APPLICATIONS. Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/ap971014.txt

Released: October 14, 1997. EX PARTE PRESENTATIONS AND POST-REPLY COMMENT PERIOD FILINGS IN PERMIT-BUT-DISCLOSE PROCEEDINGS. Internet URL: http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Exparte/ex971014.html

BELL ATLANTIC TELEPHONE COMPANY. Suspended and set for investigation BA's tramittal 1004 that proposed to revise rates for certain unbundled payphone features made available under its federal access tariff. Dkt No.: CC- 97-140. Action by Chief, Competitive Pricing Division, CCB. Adopted: October 14, 1997. by Order. (DA No. 97-2194). CCB Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/da972194.txt

ADELPHIA CABLE COMMUNICATIONS. Granted Adelphia's request to delete various cable communities in Ocean County, NJ from the New York, NY area of dominant influence, insofar as mandatory carriage of Station WXTV (Ch. 41), Patterson, NJ is concerned. Action by Deputy Chief, CSB. Adopted: October 8, 1997. by MO&O. (DA No. 97-2177). CSB Internet URL: http://www.fcc.gov/Bureaus/Cable/Orders/1997/da972177.txt

CENCOM CABLE INCOME PARTNERS II, L.P., JASPER, TX. Denied petition for reconsideration of Commission order that cable operator refund amounts collected for cable programming service in excess of the maximum permitted rate. Action by Commission. Adopted: October 8, 1997. by MO&O. (FCC No. 97-374). CSB Internet URL: http://www.fcc.gov/Bureaus/Cable/Orders/1997/fcc97374.txt

CSB ADOPTS DECLARATORY RULING PREEMPTING RESTRICTIONS ON THE USE OF OVER THE AIR RECEPTION DEVICES IMPOSED BY HOMEOWNER ASSOCIATION IN SOUTH CAROLINA. Granted the peition for declaratory ruling filed by Michael MacDonald concerning antenna restrictions of Savannah Lakes Property Owners Association. The order finds historic preservation exception does not apply and Association's requirements for permit, prior approval, placement and camouflaging antennas, as well as threatened denial of community privileges, violate the Commission's Over-The-Air Reception Devices Rule (47 C.F.R. Section 1.4000). Action by Chief, CSB. Adopted: October 10, 1997. by MO&O. (DA No. 97-2189). CSB Internet URL: http://www.fcc.gov/Bureaus/Cable/Orders/1997/da972189.txt

CSB ADOPTS DECLARATORY RULING PREEMPTING RESTRICTIONS ON THE USE OF OVER THE AIR RECEPTION DEVICES IMPOSED BY HOMEOWNER ASSOCIATION IN SAN ANTONIO, TX. Granted the petition for declaratory ruling filed by C.S. Wireless (d/b/a Omnivision of San Antonio) concerning antenna restrictions of Northamption Property Owners Associations. The order finds restrictions that prohibit externally-mounted wireless cable antennas violate the Commission's Over-The-Air-Reception Devices Rule (47C.F.R. Section 1.4000). Action by Chief, CSB. Adopted: October 10, 1997. by MO&O. (DA No. 97-2187). CSB Internet URL: http://www.fcc.gov/Bureaus/Cable/Orders/1997/da972187.txt

CSB ADOPTS DECLARATORY RULING PREEMPTING RESTRICTIONS ON THE USE OF OVER THE AIR RECEPTION DEVICES IMPOSED BY HOMEOWNER ASSOCIATION IN POTOMAC, MARYLAND. Granted the petition for declaratory ruling filed by Jay Lubliner and Deborah Galvin concerning Potomac Ridge Howmeowner Association antenna restrictions. The order finds Potomac Ridge restriction that prohibits externally-mounted television broadcast antennas violates the Commission's Over-The-Air-Reception Rules (47 C.F.R. Section 1.4000). Action by Chief, CSB. Adopted: October 10, 1997. by MO&O. (DA No. 97-2188). CSB Internet URL: http://www.fcc.gov/Bureaus/Cable/Orders/1997/da972188.txt

AMENDMENT OF PART 2 OF THE COMMISSION'S RULES TO ALLOCATE THE 455-456 MHZ AND 459-460 MHZ BANDS TO THE MOBILE-SATELLITE SERVICE. Sought comment on proposed amendment of Part 2 of the Commission's Rules to allocate the 455-456 MHz and 459-460 MHz Bands to the Mobile Satellite Service (Earth-to-space) on a primary basis for non-voice, non-geostationary mobile satellite services. Comments due 30 days after publication in the Federal Register, replies due 45 days after publication. Action by Commission. Adopted: October 7, 1997. by NPRM. (FCC No. 97-363). OET Internet URL: http://www.fcc.gov/Bureaus/Engineering_Technology/Notices/1997/fcc97363.txt

AMENDEMENT OF THE COMMISSION'S RULES TO RELOCATE THE DIGITAL ELECTRONIC MESSAGE SERVICE FROM THE 18 GHZ BAND TO THE 24 GHZ BAND AND TO ALLOCATE THE 24 GHZ BAND FOR FIXED SERVICE. Amended Parts 74, 78 and 101 of Commission rules regarding, respectively, Auxiliary Broadcast Services, Cable Television Relay Service, and Fixed Microwave Services to specificy permanent coordination criteria between these services and Government operations in the 17.8 - 19.7 GHz Band to advance, support and accommodate the national defense. Action by Commission. Adopted: September 26, 1997. by Order. (FCC No. 97-348). OET Internet URL: http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97348.txt

COMMISSION SEEKS COMMENT ON IMPLEMENTATION OF COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT. Sought comment on proposed rules to implement the Communications Assistance for Law Enforcement Act. Report No: CC 97-56. by R&O. Action by: Commission. (FCC No. 97-356) News Media Contact: Rochelle Cohen (202) 418-0253. CCB Contact: Kent Nilsson at (202) 418-2330. Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/News_Releases/1997/nrcc7071.txt

INTERNATIONAL BUREAU GRANTS SATELLITE DIGITAL AUDIO RADIO AUTHORIZATION (SDARS) TO SATELLITE CD RADIO, INC.. Granted SDARS authorization to Satellite DC Radio, Inc. enabling it to launch and operate a SDARS system in the geostationary satellite orbit. By Order and Authorization. Report No: IN 97-31. Action by: Chief, International Bureau. (DA No. 97-2191). News Media Contact: Meribeth McCarrick (202) 418-0500. IB Contact: Rosalee Chiara at (202) 418-0754 or Selina Khan at (202) 418-7282. Internet URL: http://www.fcc.gov/Bureaus/International/News_Releases/1997/nrin7036.html

FCC ISSUES REPORT TO CONGRESS ON SPECTRUM AUCTIONS. Commission report evaluates success of Agency's spectrum auction program and fulfills a statutory requirement imposed as part of the 1993 Budget Act. Report No: WT 97-41. by Report. Action by: Commission. Adopted: October 10, 1997. (FCC No. 97-353) News Media Contact: Audrey Spivack (202) 418-0654. WTB Contact: Joanne Kumekawa at (202) 418-2077 or Howard Griboff at (202) 418-0657.

WIRELESS TELECOMMUNICATIONS BUREAU APPROVES MERGER OF PACIFICORP HOLDING, INC. AND CENTURY TELEPONE ENTERPRISES, INC.. Approved the applications filed on July 7 and 11, 1997 by Century Telephone Enterprises, Inc. and Pacific Holdings, Inc. pursuant to Sections 214(a) and 310(d) of the Communications Act of 1934, as amended.. Report No: WT97-42. by MO&O. Action by: Chief, WTB. Adopted: October 10, 1997. (DA No. 97-2186). News Media Contact: Audrey Spivack (202) 418-0654. WTB Contact: David Krech or Pieter van Leeuwen at (202) 418-0620. Internet URL: http://www.fcc.gov/Bureaus/Wireless/News_Releases/1997/nrwl7044.txt

Report No: CCB/CPD-55. Released: October 10, 1997. PROTESTED TARIFF TRANSMITTALS ACTIONS TAKEN. (DA No. 97-2184). Contact: Judy Nitsche at (202) 418-1540. Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972184.txt

Released: October 10, 1997. NOTICE OF TELECOMMUNICATIONS RELAY SERVICES (TRS) APPLICATIONS FOR STATE CERTIFICATION ACCEPTED.Comments due by Dec. 12, 1997. (DA No. 97-2182). Dkt No.: CC- 90-571. Contact: Al McCloud at (202) 418-2499, amccloud@fcc.gov, or Andy Firth at (202) 418-2224 (TTY), afirth@fcc.gov. Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da972182.txt

Report No: 1152. Released: October 10, 1997. CABLE TELEVISION SERVICE REGISTRATIONS; SPECIAL RELIEF AND OTHER FIINGS.

Report No: 316. Released: October 10, 1997. MASS MEDIA BUREAU CALL SIGN ACTIONS. Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Call_Sign_Changes/pnmm7206.wp

PRESS STATEMENT BY CHAIRMAN REED HUNDT ON NOTICE OF PROPOSED RULEMAKING REGARDING TWO-WAY CAPABILITY FOR WIRELESS CABLE. Internet URL: http://www.fcc.gov/Speeches/Hundt/st971010.html

COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT. Sought comment on proposed rules to implement CALEA. Comments due by Dec. 12, 1997, replies by Jan. 12, 1998. Dkt No.: CC- 97-213. Action by Commission. Adopted: October 2, 1997. by NPRM. (FCC No. 97-356). CCB Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1997/fcc97356.txt

SATELLITE CD RADIO, INC. Authorized CD Radio to launch and operate a satellite system in the geostationary-satellite orbit in order to provide satellite digital audio radio service in the 2320-2332.5 MHz frequency band; denied Primosphere Limted Partnership's petition to deny CD Radio's application. By Order and Authorization. Action by Chief, IB. Adopted: October 10, 1997. (DA No. 97-2191). IB

NORRIS SATELLITE COMMUNICATIONS, INC. Affirmed staff action that canceled Norris's authorization; voided orbital assignments granted to Norris; and denied Norris's request for waiver of its milestone schedule; and dismissed as moot Norris's appications for an extention of time to construct and launch its satellite system. Action by Commission. Adopted: October 9, 1997. by MO&O. (FCC No. 97-377). IB Internet URL: http://www.fcc.gov/Bureaus/International/Orders/1997/fcc97377.txt

NEW LONDON, IOWA. Effective Nov. 24, alloted Channel 247A to New London, Iowa, providing the community with its first local aural transmission service. Filing window: Nov. 24 - Dec. 26. Dkt No.: MM- 97-148. Action by Chief, Allocations Branch. Adopted: September 24, 1997. by R&O. (DA No. 97-2148). MMB Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Orders/1997/da972148.txt

AMENDMENT OF PARTS 1, 21 AND 74 TO ENABLE MULTIPOINT DISTRIBUTION SERVICE AND INSTRUCTIONAL TELEVISION FIXED SERVICE LICENSEES TO ENGAGE IN FIXED TWO-WAY TRANSMISSIONS. Proposed rules to facilitate two-way tranmission services and other service improvements sought by The Wireless Cable Association International, Inc.; sought comment on the technical, procedural and economic effects of implementing the proposed rule change. Comments due by Dec. 9, 1997, replies by Jan. 8, 1998. Dkt No.: MM- 97-217. Action by Commission. Adopted: October 7, 1997. by NPRM. (FCC No. 97-360). MMB Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Notices/1997/fcc97360.pdf

GUIDELINES FOR EVALUATING THE ENVIRONMENTAL EFFECTS OF RADIOFREQUENCY RADIATION. Issued an Erratum correcting the Second Memorandum Opinion and Order in the above proceeding (FCC 97-303, released Aug. 25, 1997). Dkt No.: ET- 93-62. Action by Chief, OET. Adopted: October 10, 1997. by Order. (DA No. 97-2185). OET Internet URL: http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/da972185.txt

PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY. Granted request for waiver of Section 90.179 of the Commission rules to permit the District to share its 900 MHz Industrial and Land Transportation Category system with Public Safety users on a non-profit, cost-shared basis. Action by Chief, Policy and Rules Branch, Public Safety and Private Wireless Division. Adopted: October 10, 1997. by Order. (DA No. 97-2190). WTB Internet URL: http://www.fcc.gov/Bureaus/Wireless/Orders/1997/da972190.txt

RVC SERVICES, INC., D/B/A/ COASTEL COMMUNICATIONS COMPANY AND BACHOW/COASTEL, L.L.C. FOR CONSENT FOR ASSIGNMENT OF LICENSER OF STATION KNKA-412 (MARKET 306A) GULF OF MEXICO SERVICE AREA. Dismissed a Petition for Reconsideration of the Coastel Order issued by the Chief, Commercial Wireless Divsion on May 29, 1996. Action by Chief, WTB. Adopted: October 10, 1997. by MO&O. (DA No. 97-2183). WTB Internet URL: http://www.fcc.gov/Bureaus/Wireless/Orders/1997/da972183.txt

Report No: I-8266. Released: October 9, 1997. OVERSEAS COMMON CARRIER SECTION 214 APPLICATIONS ACTIONS TAKEN.